I am 23 y/o US citizen married to a 26 y/o illegal immigrant from El Salvador. We have been together 3 years and married for 2 years. We have a son and one on the way. He has no criminal record and pays his taxes. Can I petition for him without him having to leave the US?
Whether your husband is eligible to adjust status depends in large part on whether he entered United States legally or if not then if he falls under an exception.
Otherwise, he would need a waiver of unlawful presence. The good news is that the provisonal waiver program might be a good option for you. Of course given the importance of the consequences and the emotional and financial investment, you should consider working with me or one of my colleagues who focus on waiver cases.
The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at firstname.lastname@example.org. Veronica Tunitsky offers in-person, as well as telephone and email consultations.
What needs to be done depends on how he entered the US, and whether or not he qualifies for 245(i).
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with Charles. You should consult with an experienced immigration attorney to know your options.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.